Attempted Robbery In Cape Town
ChatterBank0 min ago
Neighbour Altercation
This morning I had an argument with my neighbour, whose two friends drive/reverse into our private courtyard in front of my house several times every day to pick up and drop off the neighbour's dog. For many months this has been getting on my nerves and finally I said something to the woman of the couple who continually drive in. Big argument which I shan't bore you with. Suffice to say, the male of the couple marched up to my front door, swore at me and said that if I ever say anything to him in future "You'll leave here in a *** bucket" I told him to leave and that if he ever threatened me again like that I'd call the police and report it. My question is: would the police take this seriously?
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Referring to Eddie's post about 'private' areas of land/road, my dad's house is in a cul-de-sac described as a "private road". There is a sign near the entrance saying that, and it is not maintained by whoever usually maintains public roads, but it is as accessible as any other cul-de-sac.
My point is that it doesn't have to be secured to be labelled private.
My point is that it doesn't have to be secured to be labelled private.
^^ Legally unless the area is actually secured / gated against access without permission it is part of 'The Public Highway' and not private no matter what signs have been put up. There are 3 or 4 such areas near me but they are not 'Private' in the sense that someone's garden or land is private. You could not charge someone with trespass for entering the area without permission.
Even the fact that the road is not maintained by the local authority is not proof that it is 'private'. There is a road just 10 yards from my back door that is not maintained by the local council , it is maintained by the businesses who own property in it. But it is still part of the 'public highway' with free access to anyone who wants to walk or drive along it.
Even the fact that the road is not maintained by the local authority is not proof that it is 'private'. There is a road just 10 yards from my back door that is not maintained by the local council , it is maintained by the businesses who own property in it. But it is still part of the 'public highway' with free access to anyone who wants to walk or drive along it.
Ladybirder- defined here:-
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My view is that you just chalk it down to experience. There is an implied licence to visitors to your neighbour's property for them to access the road. I can understand how neighbours can sometimes be annoying - hey unless you live surrounded by your own 3000 acres, we have to, by necessity come into contact with others whom we may find irritating.
Obviously his response was OTT - but equally he may have found your approach as irritating.
However, to answer your question - in my view the police may well take the threat seriously (I have had recent experience of a neighbour dispute and the police are regularly sending out a PCSO to deal with the complaints of the woman who lives three doors down). I suppose if you report it, there is something recorded in case it escalates (neighbour disputes can do). The outcome is likely to be PCSO has words with both parties and simmering resentment ensues on both sides with no real outcome.
Obviously his response was OTT - but equally he may have found your approach as irritating.
However, to answer your question - in my view the police may well take the threat seriously (I have had recent experience of a neighbour dispute and the police are regularly sending out a PCSO to deal with the complaints of the woman who lives three doors down). I suppose if you report it, there is something recorded in case it escalates (neighbour disputes can do). The outcome is likely to be PCSO has words with both parties and simmering resentment ensues on both sides with no real outcome.
dannyk13 Thanks for that link which confirms what I already knew,''A private road can be used by the general public, but was primarily to benefit those who had it constructed''
In other words you can build a private road but you have no say in who can use it unless you also build a gate and keep it locked against non residents. It is similar to a supermarket car park . The supermarket built it and own it but can have no say over who uses it, from that point of view it is legally part of 'The Public Highway'
In other words you can build a private road but you have no say in who can use it unless you also build a gate and keep it locked against non residents. It is similar to a supermarket car park . The supermarket built it and own it but can have no say over who uses it, from that point of view it is legally part of 'The Public Highway'
You can stop people parking on a private road, even it is visitors to one of the residents, but you can't stop people using it for deliveries. The road doesn't have to be gated at all. My house is on a new private road and is owned by the developer with maintenance costs shares by the residents. It is not part of the public highway and the rules of the road owner apply. To answer the question, I would be angry if I were collecting or returning dogs and was to be confronted by a resident for driving in front of their property. My reaction wouldn't be as rude or harsh, but I think brain is should see this as an idle threat said in anger and to contact the police would be laughable. Live and let live!
In answer to the question, I think the doggy collectors were
In answer to the question, I think the doggy collectors were
Just looked up the official legislation Eddie. Parking on a private road is the same as parking on private land and can be considered as trespass.
I ploughed through a document which if you Google PDF roads - unadopted: parliament gives loads of information.
6 Parking
Further information on parking more generally can be found in HC Library standard note
SN/BT/2235.
In terms of parking, there is no general right to park in a private road except for the owner of
the road. In practice parking may be permitted or tolerated by the owner (in which case there
is a licence to park) and in some cases a legal right may have been granted by the owner.
Parking in a private road without permission or a legal right to do so is trespassing, and is a
civil wrong for which redress can be obtained. The wrong is done to the owner of the road.
He can bring legal proceedings to obtain compensation, though the amount of harm done
would typically be small and the compensation therefore very modest. The owner is also
entitled to insist that trespassing ceases, and could if need be obtain an injunction against
the person concerned.
Whether or not someone is trespassing by parking in a private road, if they obstruct the road
and so interfere with its use by those with private rights of way, a different civil wrong
(nuisance) is committed. In this case, the civil wrong would be against the person whose land
has the benefit of the right of way, probably the owners of the properties. The same would
also be true if a parked car obstructed access to a private road. In a case of nuisance the
I ploughed through a document which if you Google PDF roads - unadopted: parliament gives loads of information.
6 Parking
Further information on parking more generally can be found in HC Library standard note
SN/BT/2235.
In terms of parking, there is no general right to park in a private road except for the owner of
the road. In practice parking may be permitted or tolerated by the owner (in which case there
is a licence to park) and in some cases a legal right may have been granted by the owner.
Parking in a private road without permission or a legal right to do so is trespassing, and is a
civil wrong for which redress can be obtained. The wrong is done to the owner of the road.
He can bring legal proceedings to obtain compensation, though the amount of harm done
would typically be small and the compensation therefore very modest. The owner is also
entitled to insist that trespassing ceases, and could if need be obtain an injunction against
the person concerned.
Whether or not someone is trespassing by parking in a private road, if they obstruct the road
and so interfere with its use by those with private rights of way, a different civil wrong
(nuisance) is committed. In this case, the civil wrong would be against the person whose land
has the benefit of the right of way, probably the owners of the properties. The same would
also be true if a parked car obstructed access to a private road. In a case of nuisance the
Trespass is a civil offence only , it is NOT a crime. You can not have someone charged with just 'trespass' there has to be a loss caused by that trespass.
The 'Trespassers will be prosecuted' notice is a lie in reality, prosecution is ONLY for criminal offences and trespass CAN NOT BE a criminal offence. 'Trespassers may be sued if any damage is caused' just does not have the same 'ring' to it.
So it is impossible to prosecute someone for parking on a private road.
In theory at least, you could sue them in the civil court if you could prove they caused you a quantifiable loss by parking on your private road. But there is no way you would get the police to take an interest, they are just going to tell politely but firmly to 'get lost'.
The 'Trespassers will be prosecuted' notice is a lie in reality, prosecution is ONLY for criminal offences and trespass CAN NOT BE a criminal offence. 'Trespassers may be sued if any damage is caused' just does not have the same 'ring' to it.
So it is impossible to prosecute someone for parking on a private road.
In theory at least, you could sue them in the civil court if you could prove they caused you a quantifiable loss by parking on your private road. But there is no way you would get the police to take an interest, they are just going to tell politely but firmly to 'get lost'.
